GST on Rent & Leasing — Commercial, Residential & Equipment
Complete guide to GST on renting immovable property (commercial & residential), equipment leasing, vehicle rental, and long-term land leases. Covers the 2022 residential RCM change, ITC eligibility, place of supply, and TDS provisions.
18%
Commercial Rent
18% RCM
Residential (Reg. Tenant)
Exempt
Residential (Unreg.)
18%
Lease (Land, 30+ yrs)
18%
Equipment Leasing
18%/28%
Vehicle Leasing
9972
SAC Code
₹20 Lakh
Threshold
GST Provisions for Rent & Leasing
Commercial Rent — 18% GST
Renting of immovable property for commercial use (office, shop, warehouse, factory) attracts 18% GST. Landlord must register if annual rental exceeds ₹20 lakh. Tenant can claim full ITC on rent GST. Place of supply = location of property (always CGST+SGST, never IGST for immovable property).
Residential Rent — Conditional Exemption
Residential property rented to unregistered individuals is EXEMPT from GST. However, from July 18, 2022 (47th Council), if the tenant is GST-registered (even for business residence), 18% GST applies under Reverse Charge — tenant pays GST, not landlord.
Long-Term Lease of Land
Lease of land for 30+ years (e.g., industrial plots by GIDC/SIPCOT) treated as sale of land — exempt if consideration is in the form of upfront premium. If periodic rent is charged, 18% applies. Lease of industrial plots by government to industrial units is exempt.
Equipment & Machinery Leasing
Leasing/renting of equipment, machinery, IT hardware, and plant without operator attracts 18% GST under SAC 9973. With operator, it's classified differently (works contract or manpower supply). ITC available to lessee on the GST component of lease rentals.
Vehicle Leasing & Car Rental
Leasing of motor vehicles: 18% GST for most vehicles, 28% for luxury cars (engine capacity >1500cc or SUVs). Car rental with driver: 5% without ITC or 12% with ITC. Self-drive rental (without driver) treated as leasing at 18%. Electric vehicles on lease at 5%.
TDS on Rent (Section 51)
Government entities and specified persons must deduct TDS at 2% on rent payments exceeding ₹2.5 lakh under a single contract. TDS deducted appears in tenant's Electronic Cash Ledger and can be used for GST payment. Regular businesses are NOT required to deduct GST TDS on rent.
GST Rate Matrix — Rent & Leasing
| Service | Rate | Mechanism | ITC |
|---|---|---|---|
| Office/shop/commercial space rent | 18% | Forward charge | Yes |
| Warehouse/godown rent | 18% | Forward charge | Yes |
| Residential rent (unregistered tenant) | Exempt | N/A | N/A |
| Residential rent (registered tenant) | 18% | Reverse charge | Yes |
| Industrial plot lease (govt, upfront) | Exempt | N/A | N/A |
| Industrial plot lease (periodic rent) | 18% | Forward charge | Yes |
| Equipment/machinery leasing | 18% | Forward charge | Yes |
| IT hardware leasing | 18% | Forward charge | Yes |
| Car rental (with driver) | 5%/12% | Forward charge | No/Yes |
| Self-drive car rental | 18% | Forward charge | Yes |
| Electric vehicle leasing | 5% | Forward charge | No |
| Hotel room (≤₹1,000) | 12% | Forward charge | Yes |
Frequently Asked Questions
Is GST applicable on residential rent?
Can tenants claim ITC on office rent?
What is the GST treatment of security deposits?
How does RCM work for residential rent?
Rental GST Compliance — Automated
Laabam.One handles commercial rent invoicing, residential RCM self-assessment, equipment lease ITC tracking, and TDS deduction on rental payments.
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